The track is the second single from Madonna’s new album, “MDNA.” It was, until recently, titled “Girls Gone Wild,” which is also the name of Francis’s popular video franchise.

In early February, Francis sent TMZ a cease and desist letter he claimed he sent to Madonna’s team before the Super Bowl saying she could not perform the song during her halftime show.

Madonna’s publicist told The Wrap that the song was never considered as part of the three-song lineup.

Now, Francis believes he has won the war because the single was released Monday as “Girl Gone Wild.”

“Clearly her label was trying to avoid legal action surrounding the song,” Francis said in a press release. “But, this is still infringement as far as the law is concerned and we have been in touch with Madonna's representatives in an effort to resolve this issue.”

Oseary makes the point that several artists, including Ludacris, have released songs titled “Girls Gone Wild” without issue. And finally, Oseary said he did not receive the cease and desist letter and has no idea who Joe Francis is.

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